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AG 2018 09 17
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AG 2018 09 17
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Last modified
5/8/2019 7:18:45 PM
Creation date
5/2/2019 12:14:31 PM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
9/17/2018
Board
Board of Commissioners
Meeting Type
Regular
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3.3. TERM. Unless terminated in accordance with other provisions of this Agreement or extended by mutual <br />agreement of the Parties, the term of this Agreement begins on the Effective Date and continues until the date of <br />Final Project Acceptance or expiration of the Warranty Period, whichever occurs last. <br />3.4. ADDITIONAL EQUIPMENT OR SOFTWARE. For three (3) years after the Effective Date, Customer may order <br />additional Equipment or Software if it is then available. Each order must refer to this Agreement and must specify <br />the pricing and delivery terms. Notwithstanding any additional or contrary terms in the order, the applicable <br />provisions of this Agreement (except for pricing, delivery, passage of title and risk of loss to Equipment, warranty <br />commencement, and payment terms) will govern the purchase and sale of the additional Equipment or Software. <br />Title and risk of loss to additional Equipment will pass at shipment, warranty will commence upon delivery, and <br />payment is due within twenty (20) days after the invoice date. Motorola will send Customer an invoice as the <br />additional Equipment is shipped or Software is licensed. Alternatively, Customer may register with and place orders <br />through Motorola Online ("MOL"), and this Agreement will be the "Underlying Agreement' for those MOL <br />transactions rather than the MOL On -Line Terms and Conditions of Sale. MOL registration and other information <br />may be found at hftp://www.motorola.wm/businessandgovernmenU and the MOL telephone number is (800) 814- <br />0601. <br />3.5. MAINTENANCE SERVICE. During the Warranty Period, in addition to warranty services, Motorola will provide <br />maintenance services for the Equipment and support for the Motorola Software pursuant to the Statement of Work <br />set forth in Exhibit D. Those services and support are included in the Contract Price. If Customer wishes to <br />purchase additional maintenance and support services for the Equipment during the Warranty Period, or any <br />maintenance and support services for the Equipment either during the Warranty Period or after the Warranty Period, <br />the description of and pricing for the services will be set forth in a separate document. If Customer wishes to <br />purchase extended support for the Motorola Software after the Warranty Period, it may do so by ordering software <br />subscription services. Unless otherwise agreed by the parties in writing, the terms and conditions applicable to <br />those maintenance, support or software subscription services will be Motorola's standard Service Terms and <br />Conditions, together with the appropriate statements of work. <br />3.6. MOTOROLA SOFTWARE. Any Motorola Software, including subsequent releases, is licensed to Customer <br />solely in accordance with the Software License Agreement. Customer hereby accepts and agrees to abide by all <br />of the terms and restrictions of the Software License Agreement. <br />3.7. NON -MOTOROLA SOFTWARE. Any Non -Motorola Software is licensed to Customer in accordance with the <br />standard license, terms, and restricfions of the copyright owner on the Effective Date unless the copyright owner <br />has granted to Motorola the right to sublicense the Non -Motorola Software pursuant to the Software License <br />Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under <br />the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non - <br />Motorola Software. Non -Motorola Software may include Open Source Software. All Open Source Software is <br />licensed to Customer in accordance with, and Customer agrees to abide by, the provisions of the standard license <br />of the copyright owner and not the Software License Agreement. Upon request by Customer, Motorola will use <br />commercially reasonable efforts to determine whether any Open Source Software will be provided under this <br />Agreement; and if so, identify the Open Source Software and provide to Customer a copy of the applicable standard <br />license (or specify where that license may be found); and provide to Customer a copy of the Open Source Software <br />source code if it is publicly available without charge (although a distribution fee or a charge for related services may <br />be applicable). <br />3.8. SUBSTITUTIONS. At no additional cost to Customer, Motorola may substitute any Equipment, Software, or <br />services to be provided by Motorola, if the substitute meets or exceeds the Specifications and is of equivalent or <br />better quality to the Customer. Any substitution will be reflected in a change order. <br />3.9. OPTIONAL EQUIPMENT OR SOFTWARE. This paragraph applies only if a "Priced Options" exhibit is shown <br />in Section 1, or if the parties amend this Agreement to add a Priced Options exhibit. During the term of the option <br />as stated in the Priced Opfions exhibit (or if no term is stated, then for one (1) year after the Effective Date), <br />Customer has the right and option to purchase the equipment, software, and related services that are described in <br />the Priced Options exhibit. Customer may exercise this option by giving written notice to Seller which must <br />designate what equipment, software, and related services Customer is selecting (including quantities, if applicable). <br />To the extent they apply, the terms and conditions of this Agreement will govern the transaction; however, the <br />parties acknowledge that certain provisions must be agreed upon, and they agree to negotiate those in good faith <br />August 2018 Use or discbsare or th's proposal's subject <br />to the restrle m on the cover page. <br />® Motvala$olutm. Contldential Restdcted Contractual Documentation 3-3 <br />F-9 Page 216 <br />
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